In re the Estate of James

Foley, S.

The principal question in this accounting proceeding of the executor and trustee involves the construction of the will and specifically whether the testatrix directed in it that the Federal and New York State estate taxes should be paid out of the residuary estate or apportioned equitably against the shares of the beneficiaries pursuant to section 124 of the Decedent Estate Law. The Surrogate holds that no apportionment was intended and that on the contrary the testamentary plan called for the payment of such taxes out of the residuary estate. These conclusions as to intent are…